No. 036316-00.Commonwealth of Massachusetts Department of Industrial Accidents
August 21, 2006.
REVIEWING BOARD DECISION ON REMAND
(Judges Costigan, McCarthy and Fabricant)[1]
APPEARANCES
Kevin T. Daly, Esq., for the claimants
Carl F. Schmitt, Esq., for the insurer
Martin B. Schneider, Esq., for the employer
This case returns to the reviewing board on remand from the Appeals Court, Carey’s (dependents’) Case,66 Mass. App. Ct. 749
(2006), which decision affirmed in part, reversed in part, and vacated in part the decision of the reviewing board.[2]
The court affirmed the admininstrative judge’s calculation of the employee’s average weekly wage, as summarily affirmed by the reviewing board, but reversed our decision, and ruled in the claimants’ favor, as to the employer’s violation of G.L. c. 149, § 62, and the claimants’ entitlement to double compensation pursuant to G.L. c. 152, § 28.
In vacating our decision that the claimants were entitled to the maximum benefits allowed by G.L. c. 152, §§ 31 and 32, the court directs us to remand this matter to the administrative judge “for a determination as to the claimants’ entitlement to maximum benefits, and a recalculation of compensation due the claimants in accordance with [its] opinion.” Id. at 758. We do so. As authorized by the Appeals Court, the administrative judge may take new evidence as to the claimants’ dependence upon the employee at the time of his injury.
So ordered.
___________________________ Patricia A. Costigan Administrative Law Judge
___________________________ William A. McCarthy Administrative Law Judge
___________________________ Bernard W. Fabricant Administrative Law Judge
Filed: August 21, 2006